Majority
Memoranda decision.
Whether or not the poundmaster was included in the words “those re-sponsible for cattle,” there is no doubt that Toher was responsible.
The Governor having issued a proclamation, it is presumed to continue in force until authoritatively revoked, no matter what individuals may think of the necessity for its continuance.
It was the duty of Toher to get a permit before he moved the cattle, had the poundmaster delivered those cattle for the purpose of being moved. Toher not having obtained the necessary permit, the poundmaster would have been responsible as a iiarticipant in a misdemeanor.
Toiler’s removal of the cattle without obtaining a permit would have been a. misdemeanor.
Judment reversed, new trial ordered, costs to abide the event.